Complaint Processing FAQ

Although the Complainant bears the burden of proof in a charge of discrimination, the Respondent must provide a legitimate non-discriminatory reason for the action taken against the Complainant.

A review of the information submitted by the Complainant and Respondent is conducted. The Investigator will then conduct a rebuttal to Respondent’s information with the Complainant. After Complainant’s rebuttal, it may be determined that sufficient information has been collected to complete the investigation. If not, additional information from either party may be requested.

In some cases, a fact-finding conference may be held to gather information.

The Investigator meets with the Complainant to review the Respondent’s information. At that time, the Complainant will have the opportunity to provide additional information such as witness testimony or documents to show that the reason given by the Respondent for its action is a pretext for discrimination.

A fact-finding conference is a meeting in which both parties and their witnesses meet with the Investigator. The fact-finding conference is a time to discuss the facts of the case. The Investigator may invite witnesses or other persons to attend. If there is anyone either party feels should attend, they must notify the Investigator before the fact-finding conference.

The conference is not a formal hearing as would be held in court. The Investigator asks questions about the case. The fact-finding conference is not a public meeting. It is only open to those people the Investigator determines are necessary for the investigation.

Conferences are usually held at the EO Office. The parties will be notified of a conference by certified mail once scheduled.

The Investigator does not represent the Complainant or the Respondent. The job of the Investigator is to look at all the information provided by both parties in order to determine if there has been a violation of the Human Rights Ordinance.

Yes. Either party may be represented by an attorney. The EO Office should be notified of attorney representation so that their contact information is known for correspondence purposes.

The information gathered in the investigation is only confidential while the complaint is open. Once the complaint is determined and closed, the complaint is subject to the Florida Public Records Law.

Conciliation occurs when the parties agree on ways to resolve the issues raised in the charge of discrimination, without a complaint determination.

If conciliation is unsuccessful, the complaint will return to investigation. Once the Final Investigative Report is approved by the EO Manager, the report will be reviewed by the Human Rights Board who will make a determination as to whether there are or are reasonable grounds to believe that a violation of the Human Rights Ordinance occurred.

If the complaint is conciliated, the process can be completed relatively quickly. If a complaint scheduled for a full investigation, it will take longer. The EO Office will notify both parties of the reason if the investigation will exceed one hundred (100) days.

A right-to-sue letter is needed in order to bypass the administrative process and file a civil action in court. The EO Office does not issue right-to-sue letters, but upon a probable cause determination, does issue a letter allowing the Complainant to commence a civil action in any court of competent jurisdiction no later than one (1) year after the date of determination, or to request an administrative hearing no later than thirty-five days after the date of determination. A Complainant may request a right-to-sue letter from the Florida Commission on Human Relations or from the U.S. Equal Employment Opportunity Commission if the complaint was accepted for investigation at either agency.

Upon commencement of a civil action, the EO Office will immediately stop investigating the complaint, and it will be administratively closed.

No. It is unlawful for a Respondent to retaliate against a person for filing a charge of discrimination or for participating in an investigation. A person may file a charge of retaliation if they believe that the Respondent has taken such action against them.

Yes. If the Complainant has a change in contact information, they must let the EO Office know. If either party’s contact information changes, they should notify the Office immediately. The complaint could be administratively closed if the EO Office cannot reach the Complainant, and an inference of probable cause may be made if the Respondent cannot be reached or refuses to cooperate.